Tag Archives: ZZ: Canning v. NLRB

Lyle Denniston reports at SCOTUS Blog: The Obama administration asked the Supreme Court on Thursday to restore the President’s power to fill vacancies in government posts when the Senate is out of town. The petition argued that the D.C. Circuit Court got it wrong in January in sharply curtailing that authority.  (The Circuit Court’s ruling — discussed in this earlier post – is attached as an appendix to the petition but also can be read here.)

Reuters: Lawmakers held a spirited discussion on the immediate future of the National Labor Relations Board on Wednesday, after a recent appeals court ruling that cast doubt on the board’s authority to make decisions.

Washington Post: President Obama nominated three candidates for full terms to the National Labor Relations Board on Tuesday, urging the Senate to confirm the nominees quickly.

Bloomberg: President Barack Obama’s appointment of labor board members last year while most senators were out of town met skepticism from appeals court judges weighing whether he overstepped his constitutional powers.

Volokh Conspiracy: No real surprise here: the NLRB is going to skip seeking en banc review of Canning v. NLRB and petition for cert.  There are scads of other cases now working their way through the courts of appeals and this is a way of resolving the issue once and for all.

The Hill: Sen. Roy Blunt (R-Mo.) on Wednesday said he and freshman Sen. Ted Cruz (R-Texas) are putting forward legislation that would cut the salaries of the two National Labor Relations Board (NLRB) members who were recess-appointed last year.

Wall Street Journal (via Google):

SCOTUS: The spreading constitutional controversy over President Obama’s use of the power to appoint government officials when the Senate is not in full session has now reached all but three of the federal courts of appeals, with thirty separate challenges.  So far, only one of the cases has been decided — the overwhelming defeat of the President’s position by the D.C. Circuit Court last Friday.

Bloomberg: President Barack Obama’s recess appointments to the U.S. National Labor Relations Board last year were “constitutionally invalid” because the Senate wasn’t in recess at the time, a federal appeals court in Washington ruled. | Canning v. NLRB, No. 12-1115 (D.C. Cir. Jan. 25, 2013)